HomeMy WebLinkAboutCC MINUTES 1989 03 20MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
MARCH 20, 1989
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Kennedy at 7:02 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Councilman Prescott.
iI. INVOCATION
The Invocation was given by Richard Mathison, Pastor of Red Hill
Lutheran Church.
III. ROLL CALL
Council Present:
Ursula E. Kennedy, Mayor
Richard B. Edgar, Mayor Pro Tem
Ronald B. Hoesterey
John Kelly
Earl J. Prescott
Council Absent:
None
Others Present:
William A. Huston, City Manager
Lois Jeffrey, Deputy City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Dir./Community Development
Fred Wakefield, Acting Chief of Police
Robert Ledendecker, Director of Public Works
Royleen White, Dir./Community & Admin. Services
Steve Foster, Police Captain
Laura Kuhn, Senior Planner
Bettie Correa, Personnel Assistant
Valerie Whiteman, Deputy City Clerk
Approximately 90 in the audience
" 1
X. NEW BUSINESS (AGENDA ORDER)
1. RESOLUTION NO.
89-43/TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
2. RESOLUTION NO.
89-42/TUSTIN POLICE OFFICERS ASSOCIATION
Mayor Kennedy requested this item be taken out of agenda order
and, at 7:06 p.m., announced the City Council would recess to
Closed Session to meet with its designated representatives
regarding labor relation matters pursuant to Government Code
Section 54957.6.
The meeting reconvened at 7:26 p.m.
The following employees and members of the community spoke in
opposition to Resolution Nos. 89-42 and 89-43:
Robert LaBarge, P.O. Box 1516, Tustin
Terrie Richardson, 131 Hall Circle #46, Tustin
Patrick Welch, 18342 Rainer Drive, Santa Ana
John Adams (consultant, representing both Associations)
Carole Bryant, 15500 Tustin Village Way #100, Tustin
Jim Potts, 2161 Marselina, Tustin
ems,, At 8:30 p.m., Mayor Kennedy announced the City Council would
again recess to Closed Session to meet with its designated
representatives regarding labor relation matters pursuant to
Government Code Section 54957.6.
The meeting reconvened at 8:55 p.m.
Mayor Pro Tem Edgar believed the Police Officers and City
employees were the best possible and he was very proud of them.
He had seen all data relating to negotiations and believed the
offer was fair and competitive with other cities.
It was moved by Edgar, seconded by Kelly, to adopt the following
Resolutions No. 89-43 and 89-42:
CITY COUNCIL MINUTES
Page 2, 3-20-89
RESOLUTION NO. 89-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING AN IMPASSE IN NEGOTIATIONS
WITH THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION AND IMPLEMENTING
MODIFICATIONS FOR EMPLOYEES REPRESENTED BY THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION
RESOLUTION NO. 89-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING AN IMPASSE IN NEGOTIATIONS
WITH THE TUSTIN POLICE OFFICERS ASSOCIATION AND IMPLEMENTING
MODIFICATIONS FOR EMPLOYEES REPRESENTED BY THE TUSTIN POLICE
OFFICERS ASSOCIATION
Councilman Prescott said no contract was better than a forced'
contract and wanted Council to have face-to-face negotiations
with the employees. He felt a forced contract would permanently
damage good relations with City employees.
Councilman Kelly did not feel the contract was being forced upon
the employees and the City's offer was very fair.
Mayor Kennedy requested, as amendments to Resolutions No. 89-43
and 89-42, maker and second agreeable, that the Resolutions be
effective March 24, 1989, at 5:00 p.m., and until that time, the
Council's 27 -month contract offer be open for acceptance by the
employees.
Mayor Kennedy stated the impasse had been a communication failure
for both sides. The Council had to not only provide for the
employees but provide services to the community and could not be
intimidated or politically threatened by employees, as she
personally had been.; She said that management and employees were
not treated equally; management did receive additional
compensation commensurate with their tremendous responsibilities.
She was grateful for the employee's professionalism during the
negotiation process and the Council had worked extremely hard —
to increase wages and benefits for employees, bringing them from
the bottom of Orange County's pay scale to the median.
Councilman Hoesterey commented that the City and Associations had
the. right to disagree but could not let personal differences
prevent them from performing their jobs. He felt a contract that
offered a higher percentage wage increase was a better option
than a forced contract with a lesser percentage. He noted that,
in his years as a Councilmember, this had been the most painful
negotiation experience.
The motion carried 4-1, Prescott opposed.
IV. PUBLIC HEARINGS
1. AMENDMENTS TO TUSTIN CITY CODE RELATED TO GRADING AND EXCAVATION
Christine Shingleton, Director of Community Development, reported
that the Planning Commission had recommended to the Council
amendments to the Tustin City Code relating to Grading and
Excavation. Staff had worked on the Ordinance for approximately
20 months and the amendments ultimately would be accompanied by
a Grading Manual. She emphasized that the proposed Ordinance
would not only apply to East Tustin areas but the entire City
and, if applicable in the future, could apply to areas within the;-,
City's sphere of influence such as the hillside areas of North'',
Tustin.
The Public Hearing was opened at 9:10 p.m.
Brad Olson, representing the Irvine Company, said the following
sentence contained on page 12 under Hillside Review of Ordinance
No. 1018, paragraph "n" was ambiguous: "Every permit shall also
be conditioned upon the applicant and/or owner's warranty of all
slopes through applicants and/or owner implementation of a slope
warranty program subject to approval and review by the City
Attorney and Planning Commission." His preference was to have
the language deleted or restate the language to eliminate
confusion.
CITY COUNCIL MINUTES
Page 3, 3-20-89
Christine Shingleton responded regarding the background and
justification of a slope warranty program.
Council/staff discussion followed regarding the concept,
definition and implementation of a slope warranty program.
There were no other speakers on the matter and the Public Hearing
was closed at 9:25 p.m.
Councilman Prescott thought a slope warranty program- was
imperative but understood how the open-ended language in
paragraph "n" would concern a business owner. He suggested the
Ordinance be returned to the Planning Commission for development
of specific language.
Mayor Kennedy clarified that this Ordinance would only set policy
for grading and the specific language would be developed later
when the Council and Planning Commission review each development.
The Grading Manual would provide intricate details.
Christine Shingleton commented that staff could modify the
language indicating that the actual program would be returned to
Council for review. She noted that if introduction of the
Ordinance did not occur at this Council meeting, the Planning
Commission's action on Tustin Ranch Phase 4 tract map would be
delayed.
Councilman Hoesterey suggested that Council proceed with action
on the Ordinance and incorporate language of ratification by the
Planning Commission and waiver of fees for appeal to the City
Council should there be a disagreement..- He understood the Irvine
Company's concern of an open-ended liability, but felt it would
not be difficult to implement a solution.
... It was moved by Hoesterev, seconded by Kelly, that Ordinance No.
1018 have first reading by title only and the final ordinance to
include language "subject to appeal to the City Council".
Councilman Kelly suggested contacting the City of Orange who had
recently been involved in a grading liability lawsuit.
Mayor Kennedy understood the concerns of the Irvine Company but
her major concern was the protection of the City's liability and
future slope developments.
The motion carried 5-0.
Following first reading by title only of Ordinance No. 1018 by
the City Clerk, it was moved by Edgar, seconded by Hoesterev,
that Ordinance No. 1018 be introduced as follows:
ORDINANCE NO. 1018 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF
ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING
TO GRADING AND EXCAVATION
The motion carried 5-0. 81
2. ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND ENVIRONMENTAL
IMPACT REPORT (EIR)
Laura Kuhn, Senior Planner, gave a background report on the
Hazardous Waste Management Plan.
Karen Peters, Manager of the Hazardous Materials Program for the
Orange County Fire Department, reviewed the contents and process
of the Hazardous Waste Management Plan.
Mayor Kennedy opened the Public Hearing at 9:40 p.m. There were
no,speakers on this subject and the Public Hearing was closed.
It was moved by Hoesterev, seconded by Edgar, to approve the
following:
CITY COUNCIL MINUTES
Page 4, 3-20-89
1. Certify the proposed EIR as adequate to serve as a program EIR
for the consideration of the Orange County Hazardous Waste
Management Plan by adoption of the following Resolution No.
89-40:
RESOLUTION NO. 89-40 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ORANGE COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN IS ADEQUATE TO SERVE AS THE
PROGRAM EIR AND FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
2. Approve the Orange County Hazardous Waste Management Plan by
adoption of the following Resolution No. 89-41:
RESOLUTION NO. 89-41 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING OF ORANGE COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN
The motion carried 5-0.
V. PUBLIC INPUT
1. DIAMOND LANES
m
Carole Bryant, 15500 Tustin Village Way #100, Tustin, requested
Council's assistance in arranging a meeting with Caltrans to
ascertain why a diamond lane flyover was needed and she
questioned Mayor Pro Tem Edgar regarding raw data information
from O.C.T.C.
Mayor Kennedy suggested that she write a formal letter requesting
the raw data from O.C.T.C. as a private citizen. The Council
would be unable to comply with her requests.
2. PROPERTY AT 195 E. MAIN STREET
John Zahn, Star Rt. #1121, Orange, spoke regarding property he
was renting at 195 E. Main Street, Tustin, and the problems that
had occurred with building improvements and his business license.
Mayor Kennedy asked him to meet with staff to resolve the
problems and if unsuccessful in his efforts the matter would be
agendized.
3. ANNEXED CITY AREAS WITH SANTA ANA ADDRESSES/ZIP CODES
Gerald Feldman, 13191 Wickshire Lane, Tustin, representing the
Bellewick Community Association, informed Council that his area
of residence, which was annexed into the City approximately two
years ago, was still receiving mail through a Santa Ana address
and zip code. He cited several problems with receipt of mail and
requested Council agendize the Tustin address/zip code dilemma.
Following Council discussion on the history of the situation,
Council concurred to have pertinent data compiled and agendize
at the April 3, 1989 Council meeting.
VI. CONSENT CALENDAR
It was moved by Hoesterey, seconded by Edgar, to approve the Consent
Calendar. The motion carried 5-0.
1. APPROVED MINUTES - MARCH 6, 1989, REGULAR MEETING
2. APPROVED DEMANDS IN THE AMOUNT OF $2,626,323.73 50
RATIFIED PAYROLL IN THE AMOUNT OF $198,618.21
3. RESOLUTION NO. 89-44 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR CONSTRUCTION OF WATER MAIN IMPROVEMENTS ON REBECCA LANE, GWEN
AVENUE, LUCINDA WAY AND DEBORAH DRIVE AND AUTHORIZING
ADVERTISEMENT FOR BIDS
CITY COUNCIL MINUTES
Page 5, 3-20-89
Adopted Resolution No. 89-44 approving the plans and
specifications for the subject project and authorizing
advertisement for bids. BB.
4. ASSESSMENT DISTRICT NO. 86-2, CONTRACT FOR GAS LINE EXTENSION
Approved the Southern California Gas Company Contract No.
291155/T-54035 in the amount of $87,224.58 and authorized the
Mayor to execute subject contract.
5. BAUER VS. CITY OF TUSTIN
Approved the sum of $10,000.00 in full settlement of this
action against the City of Tustin. 40
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION
1. SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN
CENTER REDEVELOPMENT PROJECT AREA - ORDINANCE NO. 1021
It was moved by Hoesterev, seconded by Edgar, that Ordinance No.
1021 have second reading by title only. The motion carried
44=0, Prescott abstained. Following second reading by title only
of Ordinance No. 1021 by the City Clerk, it was moved by
Hoesterey, seconded by Edgar, that Ordinance No. 1021 be passed
and adopted as follows:
ORDINANCE NO. 1021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE SECOND
AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TUSTIN TOWN
CENTER AREA REDEVELOPMENT PROJECT
The motion carried 4-0, Prescott abstained. (Roll call vote)
�. Mayor Kennedy requested staff agendize the blanket Certificates
of Compliance previously discussed. 60
2. AUDIT COMMITTEE - ORDINANCE NO. 1022
It was moved by Hoesterey, seconded by Edgar, that Ordinance No.
1022 have second reading by title only. The motion carried
55=0. Following second reading by title only of Ordinance No.
1022 by the City Clerk, it was moved by Hoesterey, seconded by
Edgar, that Ordinance No. 1022 be passed and adopted as follows:
ORDINANCE NO. 1022 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE TO ESTABLISH
THE AUDIT COMMITTEE
Council discussion followed regarding the 4 -year length of term
for committee members.
William Huston, City Manager, suggested that Council determine
the length of term by specific committee members.
Councilman Hoesterey proposed that the current members of the
Audit Committee remain in their terms as previously assigned.
Council concurred.
r'^ Mayor Kennedy commented on Evelyn Feldman's resignation from the
Audit Committee and requested agendizing appointment of her
replacement at the April 3, 1989 Council meeting.
The motion carried 5-0. (Roll call vote) 27
IX. OLD BUSINESS
1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT NOISE MONITORING
PROGRAM (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION
(CRAB), AIRPORT SITE COALITION (ASC) AND HELICOPTER OVERFLIGHT
PROGRAM TASK FORCE (HOPTF)
Christine Shingleton, Director of Community Development,
suggested the CRAS slide presentation on the E1 Toro commercial
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Page 6, 3-20-89
airport location be scheduled for the April 3, 1989 Council
meeting. Council concurred.
It was moved by Hoesterey, seconded by Kennedy, to receive and
file subject report. The motion carried 4-0, Edgar absent. 101
2. TERMS OF PARKS AND RECREATION COMMISSION
It was moved by Hoesterey, seconded by Kennedy, that the terms
of the Parks and Recreation Commissioners remain in accordance _
with the lots that were drawn on November 10, 1988.
The motion carried 4-0, Edgar absent. 76'
X. NEW BUSINESS
1. RESOLUTION NO. 89-43/TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION
Please see Page 1 of these Minutes.
2. RESOLUTION NO. 89-42/TUSTIN POLICE OFFICERS ASSOCIATION
3.
Please see Page 1 of these Minutes.
AIR QUALITY MANAGEMENT REPORT
Mayor Kennedy gave a brief report on the passage of the Air
Quality Management Plan,
Councilman Prescott asked that the record reflect his opposition
to the Air Quality Management Plan.
No action was taken by the Council.
31
4. REQUEST FOR STREET CLOSURE OF WARNER AVENUE BETWEEN PULLMAN,
STREET AND WRIGHT STREET
Bob Ledendecker, Director of Public Works, reported that staff
had reviewed this project over a 2 to 3 month period. After
completion of traffic counts, it was determined that the impact
of the closure would not be as difficult on the community as was
originally thought and a Caltrans poll of businesses directly
impacted revealed three in favor of the closure, one opposed.
Council/staff discussion followed regarding increased traffic in
surrounding area due to the closure.
Mayor Pro Tem Edgar voiced his support of Caltrans' request and
wanted another condition added to the recommendation. To insure
completion of the project in the estimated time, he requested the
establishment of timelines for each phase of the project be
coordinated with staff, submittal of progress reports, and copies
of those reports to Council.
Council/staff discussion followed regarding the possibility of
a contractual agreement with Caltrans and communication meetings
with the affected utility companies to safeguard the timely
completion of this project.
It was moved by Edgar, seconded bV Kennedy, to authorize (1) the —,
closure of Warner Avenue between Pullman Street and Wright Street
for a maximum period of seven months subject to adequate detour,
signing/notification and the concurrence of the City of Santa
Ana, (2) the establishment of phase timelines with submittal of
progress reports, and (3) staff to investigate the possibility
of a contractual agreement with Caltrans.
Richard Vining, 400 W. Main Street, Tustin, voiced his concerns
with the flow of traffic on area surface streets due to the
relocation of the McFadden off -ramp. He cautioned.Council that
CaltransI main concern was the freeway and not the traffic impact
on surrounding streets.
CITY COUNCIL MINUTES
Page 7, 3-20-89
Council/staff discussion followed regarding similar projects
within the community and mitigating measures that will be
coordinated between staff and Caltrans.
The motion carried 5-0.
S. MID -YEAR BUDGET REVIEW
Mayor Pro Tem Edgar felt construction on the Jamboree; Road
extension through the Marine Base should commence as soon as
possible and questioned when the project would be advertised for
bid.
Bob Ledendecker, Director of Public Works, responded that due to
the funding source desired by the City of Irvine and the delay
in receiving plan approval from the Environmental Management
Agency, the anticipated date for beginning the bid process would
be approximately July 1, 1989.
Mayor Pro Tem Edgar questioned the amount of savings earned
through Assessment Districts 85-1 and 86-2.
Bob Ledendecker responded that the figures reflected in the
budget may be misleading because the majority of the projects in
those Assessment Districts were not 100% completed.
Mayor Pro Tem Edgar requested staff to provide a year-end report
using the Mid -Year Budget Report format no later than Labor Day.
Council concurred.
It was moved by Hoesterev, seconded by Edgar, to approve the
following:
1. One million dollars be transferred from the 1988-89 General
... Fund reserve to the Capital Improvements Fund for the Jamboree
Road extension project (Edinger to Barranca);
2. $373,000.00 dollars be transferred from the 1988-89 General
Fund reserve to the Park Development Fund for future City
parks located in Tustin Ranch;
3. The mid -year budget review be received and filed.
The motion carried 5-0. 50
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - MARCH 13, 1989
It was moved by Hoesterev, seconded by Edgar, to ratify the
Planning Commission Action Agenda of March 13, 1989. The motion
carried 5-0. 80
2. INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1989
It was moved by Hoesterev, seconded by Edgar, to receive and file
subject report. The motion carried 4-1, Prescott opposed. 50
3. DISPOSITION OF SURPLUS VEHICLES AND WORK EQUIPMENT
It was moved by Hoesterev, seconded by Edgar, to receive and file
subject report. The motion carried 5-0. 86
XII. PUBLIC INPUT - None
(Mayor Kennedy informed members of the press that the City would have
information available to them the following morning on the figures
used during the negotiation process.)
XIII. OTHER BUSINESS
1. DEBRIS ON
LANE, WEST OF PROSPECT AVENUE
Mayor Pro Tem Edgar reported the area on Vandenberg, west of
f ,,
CITY COUNCIL MINUTES
Page 8, 3-20-89
Prospect, was still littered with shelves, boards, etc. and
required staff attention.
2. SEMI -AUTOMATICS AS AN OPTIONAL PRIMARY WEAPON FOR POLICE OFFICERS
It was moved by Prescott, seconded by Kelly, to agendize, at the
April 3, 1989 Council meeting, the use of semi -automatics as an —
optional primary weapon for the Police Department. The motion
carried 5-0.
3. PUBLIC INPUT ON CIVIC CENTER RENOVATION
Councilman Prescott voiced his support of a citizen forum to
discuss the City Hall renovation.
William Huston, City Manager, responded that staff had planned
to schedule a workshop the latter part of April on the Civic
Center improvements which would include a presentation by the
architect. The workshop would be noticed and open to the public.
Staff will agendize, at the April 3, 1989 Council meeting, the
setting of the workshop date.
4. PRESCOTT'S ABSTENTION VOTE ON RESOLUTION NO. 89-15
Councilman Prescott wanted these Minutes to reflect that at the
Council meeting of February 21, 1989, he inadvertently neglected
to abstain on Consent Calendar Item No. 4, Resolution 89-15.
S. ADJOURNMENT IN MEMORY OF TUSTIN MARINES
Councilman Prescott requested the meeting be adjourned in memory
of the Tustin Marines who died in a recent helicopter crash in;
Korea.
6. VERNAL EQUINOX
Councilman Prescott said the vernal equinox had occurred that
morning at 7:29 a.m. and he had photographed twenty-eight eggs
standing on end.
7. PROCEDURE FOR AGENDIZING SUBJECTS AT COUNCILMEMBER'S REQUEST
Councilman Hoesterey requested agendizing a Resolution to
formalize the process when a Councilmember desired to have an
item placed on the agenda.
S. PURCHASE OF CITY COUNCIL MEETING VIDEO TAPES
It was moved by Prescott, seconded by Edgar, to purchase video
tapes of City Council meetings from American Cable Systems at
$30.00 per tape. The motion carried 5-0.
9. CITY PARTICIPATION IN ORANGE COUNTY'S 100TH BIRTHDAY CELEBRATION
Mayor Kennedy said Angel Stadium had requested the City
participate, on July 5, 1989, in Orange County's 100th birthday
celebration with an entry such as a band, float, or celebrity.
Council concurred to solicit participation from the school
district, Marine Base, or other community organizations.
10. TRAFFIC STUDY AT FARMINGTON ROAD AND BRYAN AVENUE
Mayor Kennedy said she had been contacted by a resident who was
concerned with traffic problems at Farmington and Bryan.
Bob Ledendecker, Director of Public Works, responded that the
area was scheduled for a traffic study.
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Page 9, 3-20-89
At 10:50 p.m., the meeting recessed to the Redevelopment Agency and
then adjourned in memory of the Tustin Marines to a Capital
Improvement Budget Workshop on Monday, April 3, 1989, at 5:00 p.m.
and then to the next Regular Meeting on Monday, April 3, 1989, at
7:00 p.m.
MAYOR
CITY CLERY